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Compliance Report in the Hon’ble NGT matter of OA No. 593/2017

(Paryavaran Suraksha Samiti and Anr. v/s Union of India & Ors.),
order dated 28th August, 2019

CENTRAL POLLUTION CONTROL BOARD

“Parivesh Bhawan”, East Arjun Nagar,

Delhi-110032

(May, 2020)

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Contents

1.0 Background ........................................................................................................4

2.0 Compliance Status of ETPs/CETPs/STPs reported by SPCBs/PCCs ...............5

3.0 Action taken by CPCB for compliance of Hon’ble NGT directions dated
28.08.2019..........................................................................................................7

i. River basin wise macro picture of ETPs, CETPs, STPs, MSW facilities,
Legacy Waste sites…………………………………………………………5

ii. Status of Non-complying CTEPs…………………………………………6

iii. Meeting of the Monitoring Committee………….…………………….....8

iv. Quarterly Steps Taken Reports……………………………………...……8

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1.0 Background

The last hearing by the Hon’ble NGT in the matter of OA No. 593/2017 (Paryavaran
Suraksha Samiti and Anr. v/s Union of India & Ors.) was held on 28.08.2019. The
Hon’ble Tribunal discussed following two reports, submitted by CPCB, in
compliance of the order dated 19.02.2019:

i. Report dated 30.05.2019 (updated on 19.07.2019) regarding compliance

status of ETPs/CETPs/STPs, reported by SPCBs/PCC.
ii. Report dated 14.08.2019 regarding monitoring of CETPs carried out by
CPCB.

During the discussion on the report dated 14.08.2019, the Hon’ble NGT has
delivered following directions:

a) We accept the recommendation of the CPCB and direct the Chief Secretaries,
State Governments, Union Territories and the SPCBs/PCCs to take further
action accordingly and furnish an action taken report accordingly. The CPCB
to meanwhile compile and collate information with regard to ETPs, CETPs,
STPs, MSW Facilities, Legacy Waste dump sites and complete the pending
task on the subject before the next date and furnish a report.
b) The environmental compensation regime for CETP not meeting the prescribed
norms need to be evolved by the CPCB.

Further, summing up the hearing, the Hon’ble NGT passed following directions:

i. The Environmental compensation regime fixed for industrial units, GRAP,

solid waste, sewage and ground water in the report dated 30.05.2019 is
accepted and the same may be acted upon as an interim measure.
ii. SPCBs/PCCs may ensure remedial action against non-compliant CETPs or
individual industries in terms of not having ETPs/fully compliant ETPs or
operating without consent or in violation of consent conditions. This may be
overseen by the CPCB. CPCB may continue to compile information on this
subject and furnish quarterly reports to this Tribunal which may also be
uploaded on its website.
iii. All the Local Bodies and or the concerned departments of the State
Government have to ensure 100% treatment of the generated sewage and in

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 default to pay compensation which is to be recovered by the States/UTs, with
effect from 01.04.2020. In default of such collection, the States/UTs are liable
to pay such compensation. The CPCB is to collect the same and utilize for
restoration of the environment.
iv. The CPCB needs to collate the available data base with regard to ETPs,
CETPs, STPs, MSW facilities, Legacy Waste sites and prepare a river basin-
wise macro picture in terms of gaps and needed interventions.
v. The Chief Secretaries of all the States/UTs may furnish their
respective compliance reports on this subject also in O.A. No.
606/2018.

2.0 Compliance Status of ETPs, CETPs & STPs reported by SPCBs/PCCs

As on 05.05.2020, all SPCBs/PCCs have responded to the communication of CPCB

and provided the compliance status reports. However, Delhi PCC has not provided
compliance status reports for STPs. Also, the Uttar Pradesh PCB has not submitted
the status report for ETPs.

The information received from SPCBs/PCCs are analysed and shortcomings

observed or action required are communicated to the concerned SPCBs/PCCs on
monthly basis, for appropriate action.

The state-wise details of the compliance status of ETPs, CETPs & STPs, as reported
by SPCBs/PCCs are enclosed at Annexure-I. However, summary of the compliance
status is as follows:

i. As per the data received from SPCBs/PCCs, out of total 65,135 number of
industries requiring ETPs, 63,108 industries are operating with functional ETPs
and 2,027 industries are operating without ETPs. Show-cause notices and closure
directions have been issued to 968 and 881 industries, respectively for operating
without ETPs. Legal cases have been filed against 7 industries and action is under
process against 269 industries. Out of 63,108 operational industries, 61,346
industries are complying with environmental standards and 1,616 industries are
non-complying. Show-cause notices and closure directions have been issued to
921 and 260 industries, respectively for non-compliance. Legal cases have been
filed against 22 industries and action is under process against 798 industries.

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ii. As per the data received from SPCBs/PCCs, there are total 191 CETPs, out of
which 128 CETPs are complying with environmental standards and 63 CETPs are
non-complying. Show-cause notices and closure directions have been issued to 18
and 4 CETPs, respectively, for non-compliance. Legal cases have been filed
against 9 CETPs and action is under process against remaining 32 CETPs.

iii. As per the data received from SPCBs/PCCs, there are total 15,403 STPs
(Municipal and other than municipal), out of which, 14,795 STPs are complying
with environmental standards and 608 STPs are non-complying. Show-cause
notices and closure directions have been issued to 340 and 38 STPs, respectively
for non-compliance. Legal cases have been filed against 15 STPs and action is
under process against 215 STPs.

iv. As per the data received from SPCBs/PCCs, there are 82 CETPs in
construction/proposal stage, whereas, for STPs, 1084 projects (municipal and
non-municipal) are under construction/proposal stage.

v. As per the data received from 36 SPCBs/PCCs, 14 SPCBs/PCCs (namely- Andhra

Pradesh, Assam, Bihar, Goa, Haryana, Himachal Pradesh, Jharkhand, Kerala,
Madhya Pradesh, Odisha, Puducherry, Tamil Nadu, Telangana, West Bengal) are
displaying OCEMS data in public domain. The link provided by Maharashtra and
Gujarat is password protected and data is not available in public domain. The 4
SPCBs (namely, Chhattisgarh, Jammu & Kashmir, Punjab and Sikkim) have not
provided appropriate web links. Further, Chandigarh PCC has clarified that Data
will be displayed after upgradation of STPs. Mizoram SPCB has informed that
there is no industry requiring OCEMS connectivity. Lakshadweep PCC informed
that there is no industry in the Union Territory of Lakshadweep.

13 SPCBs/PCCs (Andaman & Nicobar, Arunachal Pradesh, Daman & Diu, Dadra
Nagar Haveli, Delhi, Karnataka, Manipur, Meghalaya, Nagaland, Rajasthan,
Tripura, Uttar Pradesh and Uttarakhand) are not displaying OCEMS data in public
domain.

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3.0 Action taken by CPCB for compliance of Hon’ble NGT directions dated
28.08.2019:

i. River basin wise macro picture of ETPs, CETPs, STPs, MSW

facilities, Legacy Waste sites:
The issue was deliberated in the meetings of the Monitoring Committee,
wherein, it was observed that specific river basin wise data regarding location
(latitude & longitude), waste generation and treatment etc. for each and every
industry, CETP, STP, MSW facility and Legacy Waste Site is not available
with CPCB. Further, to find out river-basin wise gaps in treatment system and
needed interventions for particular sector, unit-wise data regarding actual
generation, treatment and discharge of effluent/waste etc. is required.
Therefore, to compile such a compressive database, it was decided that
information will be collected through online portal, by developing specific
formats for each sector. This database will also be helpful for policy makers
and regulators to critically analyse the needed interventions/measures for
abatement and control of pollution.

CPCB has finalized the formats for collection of information from concerned
SPCBs/PCCs, for preparation of river basin wise macro picture related to
ETPs and CETPs (Annexure-II & III). An online portal has also been
developed by CPCB, which is available on the following weblink:
http://125.19.52.219/gpi/riverbasin/. CPCB vide email dated 12.05.2020
(Annexure-IV) requested all SPCBs/PCCs to provide the information on the
portal by 31st May, 2020. The formats for STPs, MSW facilities and Legacy
Waste Sites have been finalized and the same are given at Annexure-V,
Annexure-VI and Annexure-VII, respectively. However, portal
development for STPs, MSW facilities, Legacy Waste sites is in the process.

It is to be noted that following river basin, as classified by Central Water

Commission, Ministry of Jal Shakti, Government of India, are being
considered for the data collection and analysis:
1. Indus
2(a). Ganga (Upto Border)
2(b). Brahmaputra (Upto Border)

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 2(c). Barak etc.(Upto Border)
3. Godavari
4. Krishna
5. Cauvery
6. Pennar
7. East flowing rivers between Krishna and Pennar and between
Mahanadi and Godavari
8. East flowing rivers between Krishna and Kanyakumari
9. Mahanadi
10. Brahmani and Baitarani
11. Subernarekha
12. Sabarmati
13. Mahi
14. West flowing ivers of Kutch and Kathiawar including Luni
15. Narmada
16. Tapi
17. West flowing rivers from Tapi to Tadri
18. West flowing rivers from Tadri to Kanyakumari
19. Area of Inland drainage in Rajasthan
20. Minor river basins drainage to Bangladesh & Burma
(Source: http://www.cwc.gov.in/river-basin-planning)

ii. Status of Non-complying CTEPs:

a) In compliance of Hon’ble NGT directions, during March-May, 2019,
CPCB inspected a total number of 144 CETPs in 14 states, out of which
17 were found closed. As per the monitoring, 66 CETPs were found
non-complying in terms of outlet standards. The compiled inspection-
cum-monitoring reports and action taken by CPCB were submitted to
Hon’ble NGT on 14.08.2019. CPCB has directed all concerned SPCBs,
through directions u/s 18(1)(b) of Air and Water Act, issued on
13.08.2019, to take following actions against defaulting CETPs:
1. SPCBs shall direct non-complying CETPs to take immediate
corrective actions to comply with the environmental standards.

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 2. SPCBs shall direct all non-complying CETPs to take action as
per the recommendations of CPCB, within a time frame.
3. In case of non-complying CETPs, action as deemed fit including
levying of environmental compensation may be taken.
4. In case, OCEMS are not connected with CPCB & SPCB servers,
ensure a robust system of physical inspections to verify
compliance by drawing samples.

CPCB has been following-up the matter with the concerned

SPCBs/PCCs. Action Taken Reports, w.r.t. 66 non-complying CETPs
has been received from all the 14 SPCBs. The dates of ATRs submitted
by SPCBs/PCCs, are given at Annexure-VIII.

As per the information received from concerned SPCBs, out of 66 non-

complying CETPs, 26 CETPs have complied the directions, however,
40 CETPs are still non-complying. Environmental compensation has
been levied on 13 CETPs. Actions for levying EC / legal action are
under process against 10 CETPs. The state-wise summary status of 66
non-complying CETPs and action taken by concerned SPCBs is given
at Annexure-IX. Further, CETP-wise compliance status of CPCB’s
directions and recommendations is attached at Annexure-X.

b) Regarding evolving environmental compensation regime for CETPs, it

is to submit that in compliance of Hon’ble NGT order dated
03.08.2017, in the matter of OA No. 593/2017 (Paryavaran Suraksha
Samiti v/s UoI), CPCB has earlier finalized the following formula,
which is primarily based on the Pollution Index (PI) of the concerned
sector, for levying environmental compensation on a defaulting
industry:
EC = PI x N x R x S x LF
Where,
EC is Environmental Compensation in ₹
PI = Pollution Index of industrial sector
N = Number of days of violation took place
R = A factor in Rupees (₹) for EC
S = Factor for scale of operation
LF = Location factor

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 Presently, considering the PI value as 80, the same formula is being
used for levying EC on non-complying CETPs. Further, as per the
Hon’ble NGT directions CPCB is in the process of revising EC regime
for non-complying CETPs. The issue was discussed in the Committee,
dealing with the EC matter, on 17.02.2020 and 04.03.2020. CPCB will
finalize the revised EC regime for non-complying CETPs, shortly.

iii. Meeting of the Monitoring Committee:

CPCB has been conducting meetings of the Monitoring Committee on regular
basis to review the compliance status of ETPs/CETPs/STPs submitted by
SPCBs/PCCs and to deliberate on issues for ensuring the compliance of
Hon’ble NGT’s directions. So far, fifteen meetings of the Monitoring
Committee have been conducted. Since the date last hearing i.e. 28.08.2019,
meetings of the Monitoring Committee were held on 27th September 2019, 9th
December 2019, 13th February, 2019 at CPCB Head Office, Delhi.

iv. Quarterly Steps Taken Reports:

CPCB has been uploading Steps Taken Reports on its website, as directed by
the Hon’ble Tribunal. The reports can be accessed through the URL-
https://cpcb.nic.in/ngt-court-cases/. So far, six reports with the status as on
26.10.2018, 23.01.2019, 15.04.2019, 19.07.2019, 22.10.2019 and 04.02.2020
have been uploaded. The copies of the Steps Taken Report i.e. 22.10.2019 and
04.02.2020 were also submitted to the Hon’ble NGT through e-filing.

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 Item No. 02 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 593/2017

(arising from W.P. (Civil) No. 375/2012 on the file of the Hon’ble
Supreme Court)

Paryavaran Suraksha Samiti & Anr. Applicant(s)

Versus
Union of India & Ors. Respondent(s)

Date of hearing: 28.08.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Respondent (s): Mr. Shlok Chandra, Advocate for CPCB

ORDER

Issue for consideration- Remedial action against water

pollution in absence of ETPs/CETPs/STPs

1. The issue for consideration is establishment and functioning of

ETPs/CETPs/STPs to prevent untreated sewage/effluents being

discharged in water bodies, including rivers and canals meeting

such rivers or otherwise. The magnitude of the problem is well

acknowledged. In the year 1962 GoI set up a Committee for

prevention of water pollution. The recommendations led to

enactment of the Water (Prevention and Control of Pollution) Act,

1974 (“Water Act”) in pursuance of Article 252 of the Constitution.

The Water Act provides for the constitution of a Central Board and

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 State Boards/Committees. No polluted matter can be discharged

into a stream or well or on land, and no industry, operation or

process can be established and no out-let for discharge of sewage

used without consent of the State Board. The Water Act provides

powers to give directions for closing any such activity as well as for

prosecution. Power to give directions implicitly includes recovery of

compensation on ‘Polluter Pays’ principle.

2. Inspite of above statutory regime we are faced with serious problem

of water pollution. The Hon’ble Supreme Court noted1 that the

water pollution caused serious diseases, including Cholera and

Typhoid. Water pollution could not be ignored and adequate

measures for prevention and control are necessary. Polluting

industries were directed to be shifted on ‘Precautionary’ principle.

It is not necessary to refer to all the judgments of the Hon’ble

Supreme Court dealing with the significance of water and need to

prevent pollution of water. We may only refer to the observations

that everyone has right to have access to drinking water in

quantum and equality equal to the basic needs. This is

fundamental to life and part of Article 21.2

3. As per CPCB’s report 20163, it has been estimated that 61,948

million liters per day (mld) sewage is generated from the urban

areas of which treatment capacity of 23,277 mld is currently

1
(1988) 1 SCC 471
2
APPCB vs. Prof. M.V Nayudu (2001) 2 SCC 62 at para 3, 4, State of Orissa Vs. Government of
India (2009) 5 SCC 492, at para 58 “Rivers in India are drying up, groundwater is being rapidly
depleted, and canals are polluted. Yamuna in Delhi looks like a black drain. Several perennial
rivers like Ganga and Brahmaputra are rapidly becoming seasonal. Rivers are dying or
declining, and aquifers are getting overpumped. Industries, hotels, etc. are pumping out
groundwater at an alarming rate, causing sharp decline in the groundwater levels.”
3
http://www.sulabhenvis.nic.in/Database/STST_wastewater_2090.aspx July 16, updated on
December 6, 2016

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 existent in India. Thereby the deficit in capacity of waste treatment

is of 62%. There is no data available with regard to generation of

sewage in the rural areas.

4. We may note that discharge of untreated effluents and sewage is

the principal cause of water pollution in the country as noted in

cases relating to pollution of rivers.4 Similarly, in the case of 100

polluted industrial clusters being dealt with by this Tribunal5,

water pollution is one of the factors polluting the said industrial

clusters. As already noted, official data of CPCB is to the effect that

351 river stretches in the Country are polluted. The Tribunal held

that remedial action for restoration of the said river stretches is

necessary.6 In the said order, it was observed:

“As already noted, well known causes of pollution of rivers are

dumping of untreated sewage and industrial waste, garbage,
plastic waste, e-waste, bio-medical waste, municipal solid
waste, diversion of river waters, encroachments of catchment
areas and floodplains, over drawl of groundwater, river bank
erosion on account of illegal sand mining. In spite of directions to
install Effluent Treatment Plants (ETPs), Common Effluent
Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and
adopting other anti-pollution measures, satisfactory situation
has not been achieved. Tough governance is the need of the
hour. If pollution does not stop, the industry has to be stopped. If
sewage dumping does not stop, local bodies have to be made
accountable and their heads are to be prosecuted. Steps have to
be taken for awareness and public involvement.”

4
O.A No. 673 of 2018 this Tribunal is considering remedial action to rejuvenate 351 polluted
river stretches. Therein, other cases of river pollution are mentioned thus “This Tribunal also
considered the issue of pollution of river Yamuna, in Manoj Mishra Vs. Union of India, river
Ganga in M.C. Mehta Vs. Union of India, river Ramganga which is a tributary of river Ganga in
Mahendra Pandey Vs. Union of India & Ors., rivers Sutlej and Beas in the case of Sobha Singh
& Ors. Vs. State of Punjab & Ors., river Son in Nityanand Mishra Vs. State of M.P. & Ors., river
Ghaggar in Stench Grips Mansa’s Sacred Ghaggar River (Suo-Moto Case)”, river Hindon in
Doaba Paryavaran Samiti Vs. State of U.P. & Ors., river Kasardi in Arvind Pundalik Mhatre Vs.
Ministry of Environment, Forest and Climate Change & Ors., River Ami, Tapti, Rohani and
Ramgarh lake in Meera Shukla Vs. Municipal Corporation, Gorakhpur & Ors., rivers Chenab
and Tawi in the case of Amresh Singh Vs. Union of India & Ors. and Subarnarekha in Sudarsan
Das Vs. State of West Bengal & Ors. and issued directions from time to time”
5
O.A No. 1038/2018
6
O. A No.673/2018, order dated 08.04.2019

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 5. All the States and UTs where polluted river stretches exist are

required to constitute River Rejuvenation Committees to prepare

actions plans for restoration (which are to be reviewed by the

highest authority in the States, i.e Chief Secretary) to be monitored

by CPCB and thereafter to be further monitored by this Tribunal.

Accordingly, the action plans have been prepared which broadly

envisage action to prevent discharge of untreated effluent/sewage.

The same are being monitored by the CPCB and by this Tribunal

and the matter is now listed for hearing on 29.11.2019. In O.A

606/2018 while dealing with the compliance of Solid Waste

Management Rules, 2016, this Tribunal vide order dated

16.01.2019 directed personal appearance of all the Chief Secretaries

with their monitoring reports on major environment issues

including the rejuvenation of polluted river stretches. The Chief

Secretaries of all States/UTs have accordingly appeared and

furnished their reports which envisages steps for setting up of

ETPs/CETPs/STPs to prevent water pollution. The Chief Secretaries

have to appear before this Tribunal with further progress reports on

the subjects.

6. Further, control of pollution of river Ganga is being monitored by

this Tribunal in O. A No. 200/2014 after transfer from the Hon’ble

Supreme Court. Therein timelines have been prescribed to the

effect that STPs be set up in time bound manner and no a drop of

pollution be discharged in the river. The Tribunal observed

“Bioremediation and/or phytoremediation or any other

remediation measures may start as an interim measure positively
from 01.11.2019, failing which the State may be liable to pay
compensation of Rs. 5 Lakhs per month per drain to be deposited
with the CPCB. This however, is not to be taken as an excuse to

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 delay the installation of STPs. For delay of the work, the Chief
Secretary must identify the officers responsible and assign
specific responsibilities. Wherever there are violations, adverse
entries in the ACRs must be made in respect of such identified
officers. For delay in setting up of STPs and sewerage network
beyond prescribed timelines, State may be liable to pay Rs. 10
Lakhs per month per STP and its network. It will be open to the
State to recover the said amount from the erring
officers/contractors.
With regard to works under construction, after 01.07.2020,
direction for payment of environmental compensation of Rs. 10
lakhs per month to CPCB for discharging untreated sewage in any
drain connected to river Ganga or its tributaries and Rs. 10 lakhs
per month to CPCB per incomplete STP and its sewerage network
will apply. Further with regard to the sectors where STP and
sewerage network works have not yet started, the State has to
pay an Environmental Compensation of Rs. 10 lakhs per month
after 31.12.2020. The NMCG will also be equally liable for its
failure to the extent of 50% of the amount to be paid. Till such
compliance, bioremediation or any other appropriate interim
measure may start from 01.11.2019.”

Background of the present case before this Tribunal

7. The Hon’ble Supreme Court vide order dated 22.02.2017 in

Paryavaran Suraksha Samiti Vs. Union of India7 transferred the

matter for monitoring by this Tribunal in the light of the directions

of the Hon’ble Supreme Court requiring establishment and

functioning of requisite ETPs/CETPs/STPs and in default to close

industrial activities discharging effluents without treatment and to

take action against local bodies for failing to install STPs and

discharging sewage without treatment. Some of the observations in

the judgment of the Hon’ble Supreme Court are:

“ 7. Having effectuated the directions recorded in the

foregoing paragraphs, the next step would be, to set up
common effluent treatment plants. We are informed, that
for the aforesaid purpose, the financial contribution of
the Central Government is to the extent of 50%, that of
the State Government concerned (including the Union
Territory concerned) is 25%. The balance 25%, is to be
arranged by way of loans from banks. The above loans,
are to be repaid, by the industrial areas, and/or

7
(2017) 5 SCC 326

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 industrial clusters. We are also informed that the setting
up of a common effluent treatment plant, would
ordinarily take approximately two years (in cases where
the process has yet to be commenced). The reason for the
above prolonged period, for setting up “common effluent
treatment plants”, according to the learned counsel, is
not only financial, but also, the requirement of land
acquisition, for the same.

10. Given the responsibility vested in municipalities under

Article 243-W of the Constitution, as also, in Item 6 of
Schedule XII, wherein the aforesaid obligation, pointedly
extends to “public health, sanitation conservancy and
solid waste management”, we are of the view that the
onus to operate the existing common effluent treatment
plants, rests on municipalities (and/or local bodies).
Given the aforesaid responsibility, the municipalities
(and/or local bodies) concerned, cannot be permitted to
shy away from discharging this onerous duty. In case
there are further financial constraints, the remedy lies in
Articles 243-X and 243-Y of the Constitution. It will be
open to the municipalities (and/or local bodies)
concerned, to evolve norms to recover funds, for the
purpose of generating finances to install and run all the
“common effluent treatment plants”, within the purview
of the provisions referred to hereinabove. Needless to
mention that such norms as may be evolved for
generating financial resources, may include all or any of
the commercial, industrial and domestic beneficiaries, of
the facility. The process of evolving the above norms,
shall be supervised by the State Government (Union
Territory) concerned, through the Secretaries, Urban
Development and Local Bodies, respectively (depending
on the location of the respective common effluent
treatment plant). The norms for generating funds for
setting up and/or operating the “common effluent
treatment plant” shall be finalised, on or before
31-3-2017, so as to be implemented with effect
from the next financial year. In case, such norms
are not in place, before the commencement of the
next financial year, the State Governments (or the
Union Territories) concerned, shall cater to the
financial requirements, of running the “common
effluent treatment plants”, which are presently
dysfunctional, from their own financial resources.

11. Just in the manner suggested hereinabove, for the

purpose of setting up of “common effluent treatment
plants”, the State Governments concerned (including, the
Union Territories concerned) will prioritise such cities,
towns and villages, which discharge industrial
pollutants and sewer, directly into rivers and
water bodies.

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 12. We are of the view that in the manner suggested above,
the malady of sewer treatment, should also be
dealt with simultaneously. We, therefore, hereby
direct that “sewage treatment plants” shall also be set
up and made functional, within the timelines and the
format, expressed hereinabove.

13. We are of the view that mere directions are

inconsequential, unless a rigid implementation
mechanism is laid down. We, therefore, hereby
provide that the directions pertaining to continuation of
industrial activity only when there is in place a
functional “primary effluent treatment plants”, and the
setting up of functional “common effluent treatment
plants” within the timelines, expressed above, shall be of
the Member Secretaries of the Pollution Control Boards
concerned. The Secretary of the Department of
Environment, of the State Government concerned
(and the Union Territory concerned), shall be
answerable in case of default. The Secretaries to the
Government concerned shall be responsible for
monitoring the progress and issuing necessary directions
to the Pollution Control Board concerned, as may be
required, for the implementation of the above directions.
They shall be also responsible for collecting and
maintaining records of data, in respect of the directions
contained in this order. The said data shall be furnished
to the Central Ground Water Authority, which shall
evaluate the data and shall furnish the same to the
Bench of the jurisdictional National Green Tribunal.

14. To supervise complaints of non-implementation of the

instant directions, the Benches concerned of the National
Green Tribunal, will maintain running and numbered
case files, by dividing the jurisdictional area into units.
The abovementioned case files will be listed periodically.
The Pollution Control Board concerned is also
hereby directed to initiate such civil or criminal
action, as may be permissible in law, against all or
any of the defaulters.”

8. Accordingly, on 25.05.2017, notice was issued to the Central

Pollution Control Board (CPCB), the State Pollution Control Boards

(SPCBs)/ Pollution Control Committees (PCCs) and the Ministry of

Environment, Forest and Climate Change (MoEF&CC). They filed

their status reports showing gaps in waste generated and

treatment capacity. It was further stated that action had been

initiated to remedy the situation. After considering the status

78
 report, the Tribunal, vide orders dated 04.07.2017, 18.09.2017 and

11.10.2017, sought information about the steps taken by the

SPCBs/PCCs.

9. Vide order dated 03.08.2018, the matter was reviewed and after

noting that in absence of functional ETPs/CETPs/STPs, untreated

effluents were being discharged in water bodies leading to

contamination of surface and ground water which causes various

diseases and also has adverse consequence on aquatic organism

due to decreased level of oxygen. The Tribunal directed the CPCB

to prepare an action plan. Direction was also given for monitoring

by a Committee of two officers – one each representing MoEF&CC

and CPCB at least once in every month. CPCB was required to

place the progress report every three months on the website and

take penal action for failure by way of recovery of compensation for

damage to the environment, apart from other steps.

10. Vide order dated 19.02.2019, after considering the status report

furnished by the CPCB, based on the reports furnished by the

States/UTs, this Tribunal after referring to orders passed in O.A

NO. 673/2018 for remedial action in respect of 351 polluted river

stretches, which had direct nexus with the steps for

ETPs/CETPs/STPs and order passed in O.A No. 606/2018

requiring Chief Secretaries to monitor progress inter alia on the

subject of control of pollution ion the river stretches, directed that

the Chief Secretaries may look into the subject of setting up and

proper functioning of ETPs/CETPs/STPs in their respective States/

UTs. Further direction issued was to prepare a report on

79
 assessment of compensation on account of discharge of untreated

sewage and dumping of solid waste, loss to ecological services due

to illegal mining, deforestation, after taking inputs from expert

bodies. The Tribunal also directed the CPCB to compile its

monitoring report with regard to 97 CETPs (assuming the total

number of CETPs in the country to be 97) installed in different

States. CPCB was also directed to furnish its report in O.A. No.

95/2018, Aryavart Foundation Vs. M/s Vapi Green Enviro Ltd. &

Ors. which concerned the issue of inadequate functioning CETP

leading to water pollution.

Reports filed by the CPCB

11. Accordingly, two reports filed by CPCB, have been put up for

consideration today :-

(i) Report dated 30.05.2019, updated on 19.07.2019, giving

status of setting up of ETPs/CETPs/STPs and methodology
for assessing environment compensation for discharge of
pollutants in water bodies.

(ii) Report dated 14.08.2019 with regard to monitoring of

CETPs.

12. We proceed to consider the above reports.

I. Report dated 30.05.2019 updated on 19.07.2019

13. According to updated report dated19.07.2019, out of 62,897

number of industries requiring ETPs, 60,944 industries are

operating with functional ETPs and 1949 industries are operating

without ETPs. 59,258 industries are complying with environmental

standards and 1,524 industries are noncomplying. There are total

192 CETPs, out of which 133 CETPs are complying with

80
 environmental standards and 59 CETPs are non-complying. There

are total 13,709 STPs (Municipal and other than municipal), out of

which, 13,113 STPs are complying with environmental standards

and 637 STPs are non-complying 73 CETPs in

construction/proposal stage, whereas, for STPs, 1164 projects

(municipal and non-municipal) are under construction/proposal

stage.

14. A report has also been prepared on the scale of environmental

compensation to be recovered from individual/authorities for

causing pollution or failure for preventing causing pollution, apart

from illegal extraction of ground water, failure to implement Solid

waste Management Rules, damage to environment by mining and

steps taken to explore preparation of an annual environmental

plan for the country. Extracts from the report which are considered

significant for this order are:

“I. Environment Compensation to be levied on Industrial

Units

Recommendations
The Committee made following recommendations:
1.5.1 To begin with, Environmental Compensation may be levied
by CPCB only when CPCB has issued the directions under the
Environment (Protection) Act, 1986. In case of a, band c,
Environmental Compensation may be calculated based on the
formula "EC= Pl x N x Rx S x LF", wherein, Pl may be taken as 80,
50 and 30 for red, orange and green category of industries,
respectively, and R may be taken as 250. Sand LF may be taken
as prescribed in the preceding paragraphs

1.5.2 In case of d, e and f, the Environmental Compensation

may be levied based on the detailed investigations by Expert
Institutions/Organizations.

1.5.3 The Hon'ble Supreme Court in its order dated

22.02.2017 in the matter of Paryavaran Suraksha Samiti
and another v/s Union of India and others {Writ Petition
{Civil) No. 375 of 2012), directed that all running industrial
units which require "consent to operate" from concerned
State Pollution Control Board, have a primary effluent

10

81
 treatment plant in place. Therefore, no industry requiring
ETP, shall be allowed to operate without ETP.
1.5.4 EC is not a substitute for taking actions under EP Act,
Water Act or Air Act. In fact, units found polluting should be
closed/prosecuted as per the Acts and Rules.

II. Environmental Compensation to be levied on all

violations of Graded Response Action Plan (GRAP) in NCR.

Table No. 2.1: Environmental Compensation to be

levied on all violations of Graded Response Action
Plan (GRAP) in Delhi-NCR.

Activity State Of Air Quality Environmental

Compensation ()
Industrial Emissions Severe +/Emergency Rs 1.0 Crore
Severe Rs 50 Lakh
Very Poor Rs 25 Lakh
Moderate to Poor Rs 10 Lakh
Vapour Recovery System (VRS) at Outlets of Oil Companies

i. Not Target Date Rs 1.0 Crore

installed
ii. Non functional Very poor to Severe + Rs 50.0 Lakh
Moderate to Poor Rs 25.0 Lakh
Construction sites Severe +/Emergency Rs 1.0 Crore
Severe Rs 50 Lakh
(Offending plot more Very Poor Rs 25 Lakh
than 20,000 Sq.m.)
Moderate to Poor Rs 10 Lakh

Solid waste/ garbage Very poor to Severe + Rs 25.0 Lakh

dumping in Industrial
Estates Moderate to Poor Rs 10.0 Lakh

Failure to water sprinkling on unpaved roads

Very poor to Severe + Rs 25.0 Lakh
a) Hot-spots
b) Other than Hot-
Very poor to Severe + Rs 10.0 Lakh
spots

III. Environmental Compensation to be levied in case of

failure of preventing the pollutants being discharged
in water bodies and failure to implement waste
management rules:

Table No. 3.3: Minimum and Maximum EC to be levied

for untreated/partially treated sewage discharge

Class of the City/Town Mega-City Million-plus Class-I

City City/Town
and others

Minimum and Maximum Min. 2000 Min. 1000 Min. 100

values of EC (Total
Capital Cost Component)

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82
recommended by the Max. 20000 Max. 10000 Max. 1000
Committee (Lacs Rs.)

Minimum and Maximum Min. 2 Min. 1 Min. 0.5

values of EC (O&M Cost
Component) Max. 20 Max. 10 Max. 5
recommended by the
Committee (Lacs Rs./day)

Table No. 3.4: Minimum and Maximum EC to be levied for

improper municipal solid waste management
Class of the City/Town Mega-City Million-plus Class-I City/Town
City and others
Minimum and Maximum Min. 1000 Min. 500 Min. 100
values of EC (Capital Max. 10000 Max. 5000 Max. 1000
Cost Component)
recommended by the
Committee (Lacs Rs.)

Minimum and Maximum Min. 1.0 Min. 0.5 Min. 0.1

values of EC (O&M Max. 10.0 Max. 5.0 Max. 1.0
Cost Component)
recommended by the
Committee (Lacs Rs./day)

3.3 Environment Compensation for Discharge of

Untreated/Partially
Committee (Lacs Rs.) Treated Sewage by Concerned
Individual/ Authority:

BIS 15-1172:1993 suggests that for communities with

population above 100,000, minimum of 150 to 200 lpcd of
water demand is to be supplied. Further, 85% of return rate
(CPHEEO Manual on Sewerage and Sewage Treatment
Systems, 2013}, may be considered for calculation of total
sewage generation in a city. CPCB Report on "Performance
evaluation of sewage treatment plants under NRCD, 2013",
describes that the capital cost for 1 MLD STP ranges from
0.63 Cr. to 3 Cr. and O&M cost is around Rs. 30,000 per
month. After detail deliberations, the Committee suggested to
assume capital cost for STPs as Rs. 1.75 Cr/MLD (marginal
average cost). Further, expected cost for conveyance system
is assumed as Rs. 5.55 Cr./MLD (marginal average cost)
and annual O&M cost as 10% of the combined capital cost.
Population of the city may be taken as per the latest Census
of India. Based on these assumptions, Environmental
Compensation to be levied on concerned ULB may be
calculated with the following formula:

EC= Capital Cost Factor x [Marginal Average Capital

Cost for Treatment Facility x (Total

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83
 Generation-Installed Capacity) + Marginal Average
Capital Cost for Conveyance Facility x
(Total Generation -Operational Capacity)]+ O&M Cost
Factor x Marginal Average O&M Cost
x (Total Generation- Operational Capacity) x No. of Days for
which facility was not available
+ Environmental Externality x No. of Days for which facility
was not available

Alternatively;

EC (Lacs Rs.)= [17.S{Total Sewage Generation -

Installed Treatment Capacity)+ 55.S{Total
Sewage Generation-Operational Capacity)] +
0.2(Sewage Generation-Operational Capacity)
x N + Marginal Cost of Environmental Externality x
(Total Sewage Generation-Operational
Capacity) X N

Where; N= Number of days from the date of direction of

CPCB/SPCB/PCC till the required
capacity systems are provided by the concerned authority

Quantity of Sewage is in MLD

Table No. 3.5: Sample calculation for EC to be levied

for discharge of untreated/partial treated
Sewage

City Delhi Agra Gurugram Ambala

17,60,285
Population (2011) 1,63,49,831 8,76,969 5,00,774

Class Mega-City Million-plus Class-I Town Class-I

City Town

Sewage Generation (MLD) (as 4195 381 486 37

per the latest data available
with CPCB)
Installed Treatment Capacity 2500 220 404 45.5
(MLD) (as per the latest data
available with CPCB)

Operational Capacity (MLD) 1900 140 300 24.5

(as per the latest data available
with CPCB)

Treatment Capacity Gap

2295 241 186 12.5
(MID)

Calculated EC (capital cost 29662.50 2817.50 1435.00 0.00

component for STPs) in Lacs
Rs.

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84
Calculated EC (capital cost 127372.50 13375.50 10323.00 693.75
component for Conveyance
System) in Lacs. Rs.

Calculated EC (Total capital 157035.00 16193.00 11758.00 693.75

cost
component) in Lacs Rs.
Minimum and Maximum Min. 2000 Min. 1000 Min. 100 Min. 100
values of Max. 20000 Max. 10000 Max. 1000 Max. 1000
EC (Total Capital Cost
Component)
recommended by the
Committee
(Lacs Rs.)

Final EC (Total Capital Cost 20000.00 10000.00 1000.00 693.75

Component) in Lacs Rs.

Calculated EC (O&M 459.00 48.20 37.20 2.50

Component in
Lacs Rs./day
Minimum and Maximum Min. 2 Min. 1 Min. 0.5 Min. 0.5
values of Max. 20 Max. 10 Max. 5 Max. 5
EC (O&M Cost Component)
recommended by the
Committee
(Lacs Rs./day)

Final EC (O&M Component) 20.00 10.00 5.00 2.50

in Lacs.
Rs./Day

Calculated Environmental 2.0655 0.2049 0.1395 0.0094

Externality (Lacs Rs .Per
Day)
Minimum and Maximum Min. 0.60 Min. 0.25 Min. 0.05 Min. 0.05
value of Max. 0.80 Max. 0.35 Max. 0.10 Max. 0.10
Environmental Externality
recommended by the
Committee
(Lacs Rs. Per Day)

Final Environmental 0.80 0.25 0.10 0.05

Externality
(Lacs Rs. Per day)

3.4 Environment Compensation to be Levied on

Concerned Individual/Authority for Improper Solid
Waste Management:

Environmental Compensation to be levied on concerned

ULB may be calculated with the following formula:

EC = Capital Cost Factor x Marginal Average Cost for

Waste Management x (Per day waste generation-Per

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85
 day waste disposed as per the Rules) + O&M Cost
Factor x Marginal Average O&M Cost x (Per day waste
generation-Per day waste disposed as per the Rules) x
Number of days violation took place + Environmental
Externality x N

Where;

Waste Quantity in tons per day (TPD)

N= Number of days from the date of direction of

CPCB/SPCB/PCC till the required capacity systems are
provided by the concerned authority

Simplifying;

EC (Lacs Rs.) = 2.4(Waste Generation - Waste Disposed

as per the Rules) +0.02 (Waste Generation Waste
Disposed as per the Rules) x N + Marginal Cost of
Environmental Externality x (Waste Generation - Waste
Disposed as per the Rules) x N

Table No. 3.6: Sample calculation for EC to be levied for

improper management of Municipal Solid Waste

City Delhi Agra Gurugram Ambala

Population
(2011)
1,63,49,831 17,60,285 8,76,969 5,00,774

Class Mega-City Million-plus Class-I Town Class-I

City Town

Waste Generation (kg. per

person per day)
0.6 0.5 0.4 0.4

Waste
Generation 9809.90 880.14 350.79 200.31
(TPD)
Waste Disposal as per 2452.47 220.04 87.70 50.08
Rules (TPD) (assumed
as 25% of waste
generation for sample
calculation)

Waste Management
Capacity Gap (TPD)
7357.42 660.11 263.09 150.23

Calculated EC (capital 17657.82 1584.26 631.42 360.56

cost component) in
Lacs. Rs.

Minimum and Maximum Min. 1000 Min. 500 Min. 100 Min. 100
values of EC Max. 10000 Max. 5000 Max. 1000 Max. 1000
(Capital Cost Component)
recommended by
the Committee (Lacs Rs.)

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86
Final EC (capital cost
10000.00 1584.26 631.42 360.56
component) in Lacs. Rs.

Calculated EC (O&M 147.15 13.20 5.26 3.00

Component) in Lacs.
Rs./Day

I
Minimum and Maximum Min. 1.0 Min. 0.5 Min. 0.1 Min. 0.1
values ofVEC (O&M Max. 10.0 Max. 5.0 Max. 1.0 Max. 1.0
Cost Component)
.
recommended by the
Committee (Lacs Rs./Day)

E
Final EC (O&M
n in Lacs.
Component) 10.00 5.00 1.00 1.00
Rs./Day v

i Environmental
Calculated 2.58 0.18 0.03 0.02
Externality (Lacs
r
Rs. Per Day)
o
Minimumn and Maximum Max. 0.80 Min. 0.25 Min. 0.01 Min. 0.01
value of m Max. 0.35 Max. 0.05 Max. 0.05
Environmental Externality
e by
recommended
n (Lacs Rs. per
the Committee
day)
t
a
Final Environmental 0.80 0.25 0.03 0.02
Externality (Lacs Rs. per
day)
l

C
ompensation in Case of Illegal Extraction of Ground
Water

4.5 Formula for Environmental Compensation for

illegal extraction of ground water

The committee decided that the formula should be based

on water consumption (Pump Yield & Time duration) and
rates for imposing Environmental Compensation for
violation of illegal abstraction of ground water. The
committee has proposed following formula for calculation
of Environmental Compensation (EC Gw):
ECGW = Water Consumption per Day x No. of Days x Environmental
Compensation Rate for illegal extraction of ground water {ECRGw)

Where water Consumption is in m 3 /day and ECRGw in

Rs./m3

Yield of the pump varies based on the capacity/power of

pump, water head etc. For reference purpose, yield of the
pump may be assumed as given in Annexure-VI.

Time duration will be the period from which pump is

operated illegally.

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87
 In case of illegal extraction of ground water, quantity of
discharge as per the meter reading or as calculated with
assumptions of yield and time may be used for
calculation of EC Gw.

4.6 Environmental Compensation Rate (ECRGw) for

illegal use of Ground Water:

The committee decided that the Environmental

Compensation Rate (ECR Gw) for illegal extraction of ground
water should increase with increase in water consumption
as well as water scarcity in the area. Further, ECR Gw are
kept relaxed for drinking and domestic use as compared
to other uses, considering the basic need of human being.

As per CGWB, safe, semi-critical, critical and over-exploited

areas are categorized from the ground water resources point
of view (CGWB, 2017). List of safe, semi-critical, critical and
over-exploited areas are available on the website of CGWB
and can be accessed from- http://cgwa-
noc.gov.in/LandingPage/NotifiedAreas/Categorization0fAsse
ssmentUnits.pdf#ZOOM=150.

Environmental Compensation Rates (ECR G w) for illegal

use of ground water (ECR G w) for various purposes such
as drinking/domestic use, packaging units, mining and
industrial sectors as finalized by the committee are given
in tables below:

4.6.1 ECRGw for Drinking and Domestic use:

Drinking and Domestic use means uses of ground water in
households, institutional activity, hospitals, commercial
complexes, townships etc.

Water Consumption (m3/day)

SI. Area Category <2 2 to <5 5 to <25 25 & above
No. Environmental Compensation Rate (ECRGw) in Rs./m3
1 Safe 4 6 8 10
2 Semi Critical 12 14 16 20
3 Critical 22 24 26 30
4 Over-Exploited 32 34 36 40
Minimum ECGw=Rs 10,000/- (for households) and Rs. 50,000 (for
institutional activity, commercial complexes, townships etc.)

4.6.2 ECRGw for Packaged drinking water units:

Water Consumption (m3/day)

SI. Area Category <200 200 to <1000 1000 to <5000 5000 &
No.
Environmental Compensation Rate (ECRGw) in above
Rs./m3
1 Safe 12 18 24 30
2 Semi critical 24 36 48 60
3 Critical 36 48 66 90
4 Over-exploited 48 72 96 120

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88
Minimum ECGw=Rs 1,00,000/-

4.6.3 ECRGw for Mining, Infrastructure and Dewatering

Projects

Water Consumption (m3/day)

SI. Area Category <200 200 to <1000 1000 to <5000 5000 &
No above
Environmental Compensation Rate (ECRGw) in Rs./m 3
.
1 Safe 15 21 30 40
2 Semi critical 30 45 60 75
3 Critical 45 60 85 115
4 Over-exploited 60 90 120 150
Minimum ECGw=Rs 1,00,000/-

4.6.4 ECRGw for Industrial Units:

Water Consumption (m3/day)

SI. Area Category
No. <200 200 to 1000 to <5000 5000 &
<1000 above
Environmental Compensation Rate (ECRGw) in
1 Safe 20 30 Rs./m3 40 50
2 Semi critical 40 60 80 100
3 Critical 60 80 110 150
4 Over-exploited 80 120 160 200

Minimum ECGw = Rs 1,00,000/-

4.8 Recommendations

The committee has given following recommendations:

 The minimum Environmental Compensation for illegal

extraction of ground water for domestic purpose will be
Rs. 10,000, for institutional/commercial use will be
50,000 and for other uses will be 1,00,000.
 In case of fixation of liability, it always lies with current
owner of the premises where illegal extraction is taking
place.
 Time duration may be assumed to be one year in case
where no evidence for period of installation of bore well
could be established.
 For Drinking and Domestic use, where metering is not
present but storage tank facility is available, minimum
water consumption per day may be assumed as similar
to the storage capacity of the tank.
 For industrial ground water use, where metering is not
available, water consumption may be assumed as per
the consent conditions. Further, where in case industry
is operating without consent, water consumption may
be calculated based on the plant capacity (on the

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89
 recommendation of SPCB/PCC, if required). SPCB/PCC
may bring the issue of illegal extraction of ground water
in industries in to the notice of CGWA for appropriate
action by CGWA.
 Authorities assigned for levy EC and taking penal
action are listed below:

S. No. Actions Authority

1. To seal the illegal bore-well/tube- District Collector
well to stop extraction of water and
further closure of project
2. To levy ECGw as per prescribed method District Collector,
3. To levy EC on water pollution, as per CGWA
CPCB/SPCB/PCC
the method prescribed in report of
CPCB- "EC on industrial pollution"
4. Prosecution of violator CGWA under EP Act
SPCB/PCC under
Air and Water Act

 CGWA may maintain a separate account for collection

and utilization of fund, collected through the
prescribed methodology in this report.”

Discussion on the report dated 30.05.2019 updated on

19.07.2019

15. It is clear from the order of the Hon’ble Supreme Court8 that the

responsibility of operating STPs under Article 243W and item 6 of

Schedule XII to the Constitution is of local bodies who have to

evolve norms to recover funds for the purpose which is to be

supervised by the States/UTs. The norms were to be finalized upto

31.03.2017 to be implemented from the next year, i.e 01.04.2018.

In absence thereof, the States/UTs have to cater to the financial

requirement from its own resources. The States/UTs are to

prioritize the cities, towns, villages discharging effluents/sewage

directly into the water bodies. Industrial activity without proper

treatment plants (ETPs and CETPs) is not to be allowed by the

State PCBs and the Secretaries, Environment of the States/UTs are

8
Para 10-13 in Paryavaran Suraksha Samiti Vs. Union of India, Supra

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90
 to be answerable. Thus, the source for financial resources for the

STPs, stands finalized under the binding judgment of the Hon’ble

Supreme Court. Authorities and persons accountable are

identified. Rigid implementation has been laid down. This Tribunal

has been required to monitor compliance of the directions and

timelines.

16. It is in this background that the present report needs to be

appraised and further directions given. As regards the

Environmental compensation regime fixed for industrial units,

GRAP, solid waste, sewage and ground water is accepted as an

interim measure. With regard to setting up of STPs, while we

appreciate the extensive work of the CPCB based on information

furnished by States/UTs, the challenge remains about verification

of the said data on the one hand and analysis of the steps taken

and required on the other. There is already a database available

with the CPCB with regard to ETPs, CETPs, STPs, MSW facilities,

Legacy Waste sites. This needs to be collated and river basinwise

macro picture needs to be prepared by the CPCB in terms of need

for interventions, existing infrastructure and gaps therein. The

States have given timelines which need to be effectively monitored

both by the CPCB and the Chief Secretaries in terms of its

execution.

17. As already noted, prevention of pollution of water is directly linked

to access to potable water as well as food safety. Restoration of

pristine glory of rivers is also of cultural and ecological significance.

This necessitates effective steps to ensure that no pollution is

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91
 discharged in water bodies. Doing so is a criminal offence under

the Water Act and is harmful to the environment and public

health. ‘Precautionary’ principle of environmental law is to be

enforced. Thus, the mandate of law is that there must be 100%

treatment of sewage as well as trade effluents. This Tribunal has

already directed in the case of river Ganga that timelines laid down

therein be adhered to for setting up of STPs and till then, interim

measures be taken for treatment of sewage. There is no reason why

this direction be not followed, so as to control pollution of all the

river stretches in the country. The issue of ETPs/CETPs is being

dealt with by an appropriate action against polluting industries.

Setting up of STPs and MSW facilities is the responsibility of Local

Bodies and in case of their default, of the States. Their failure on

the subject has to be adequately monitored. Recovery of

compensation on ‘Polluter Pays’ principle is a part of enforcement

strategy but not a substitute for compliance. It is thus necessary

to issue directions to all the States/UTs to enforce the

compensation regime, latest with effect from 01.04.2020. We may

not be taken to be condoning any past violations. The States/UTs

have to enforce recovery of compensation from 01.04.2020 from the

defaulting local bodies. On failure of the States/UTs, the

States/UTs themselves have to pay the requisite amount of

compensation to be deposited with the CPCB for restoration of

environment. The Chief Secretaries of all the States may furnish

their respective compliance reports as per directions already issued

in O.A. No. 606/2018.

II. Report dated 14.08.2019 with regard to monitoring of CETPs

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92
18. The Committee inspected 127 CETPs in 14 States. Figure of CETP

assumed to be 97 was not correct. 66 CETPs were found to be non-

compliant. CPCB directed SPCBs to take following steps:

“1. SPCBs shall direct non-complying CETPs to take immediate

corrective actions to comply with the environmental
standards.
2. CETP should be directed to take action as per the
recommendations provided at Annexure A-N within a time
frame.
3. In case of non-complying CETPs, action as deemed fit
including levying of environmental compensation may be
taken.
4. In case, OCEMS are not connected with CPCB & SPCB servers,
ensure a robust system of physical inspections to verify
compliance by drawing samples.”

Discussion on the report dated 14.08.2019

19. We accept the recommendation of the CPCB and direct the Chief

Secretaries, State Governments, Union Territories and the

SPCBs/PCCs to take further action accordingly and furnish an

action taken report accordingly. The CPCB to meanwhile compile

and collate information with regard to ETPs, CETPs, STPs, MSW

Facilities, Legacy Waste dump sites and complete the pending task

on the subject before the next date and furnish a report.

20. The environmental compensation regime for CETP not meeting the

prescribed norms need to be evolved by the CPCB.

Directions

21. We may now sum up our directions:

(i) The Environmental compensation regime fixed for

industrial units, GRAP, solid waste, sewage and ground

water in the report dated 30.05.2019 is accepted and the

same may be acted upon as an interim measure.

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93
(ii) SPCBs/PCCs may ensure remedial action against non-

compliant CETPs or individual industries in terms of not

having ETPs/fully compliant ETPs or operating without

consent or in violation of consent conditions. This may be

overseen by the CPCB. CPCB may continue to compile

information on this subject and furnish quarterly reports

to this Tribunal which may also be uploaded on its

website.

(iii) All the Local Bodies and or the concerned departments of the

State Government have to ensure 100% treatment of the

generated sewage and in default to pay compensation which

is to be recovered by the States/UTs, with effect from

01.04.2020. In default of such collection, the States/UTs are

liable to pay such compensation. The CPCB is to collect the

same and utilize for restoration of the environment.

(iv) The CPCB needs to collate the available data base with

regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste

sites and prepare a river basinwise macro picture in terms of

gaps and needed interventions.

(v) The Chief Secretaries of all the States/UTs may furnish their

respective compliance reports on this subject also in O.A. No.

606/2018.

List for further consideration on 21.05.2020, unless required

earlier. A copy of this order be placed on the file of O.A. No.

606/2018 relating to all States/UTs and be sent to Chief

Secretaries of all States/UTs, Secretary MoEF&CC, Secretary Jal

Shakti and Secretary, MoHUA.

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94
 Adarsh Kumar Goel, CP

S.P. Wangdi, JM

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

August 28, 2019

Original Application No. 593/2017
(W.P.(Civil) No. 375/2012)
DV

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